ISLAMABAD: June 25,2023: The National Assembly on Sunday passed an amendment in the Election Act 2017 to restrict disqualification period in the cases where period was not mentioned to five years, paving way for ending disqualification of Muslim League (N) leader ,Nawaz Sharif,and Istehkam e Pakistan Party chief , Jahangir Khan Tareen.
Finance minister , Ishaq Dar , presented the bill for amendment in the Election Act in the National Assembly.
The Senate has already passed the bill in discussion.
Once the law is enacted, lifelong disqualification of Nawaz Sharif, the leader of the Muslim League (N), and Jahangir Tareen, the Patron-in-Chief of Istehkam Pakistan Party will end.
As President Malik Arif Alvi has gone to perform Hajj and Senate Chairman Sadiq Sanjrani is performing the duties of Acting President, there is no reason in delay in signing of the bill.
Finance Minister Ishaq Dar presented the Election Act Amendment Bill in the budget session of the National Assembly. Under the amendment bill, the period of disqualification will not exceed 5 years.
With the approval of the bill, the Election Commission gets back the authority to announce the election program, schedule, in which any kind of change will be the authority of the Election Commission.
It should be noted that while presenting the bill in the Senate, the Law Minister had said that under the original law of 1976, the ECP had the mandate to fix the date of general elections, but after the imposition of martial law in 1977, the then military rulers Zia-ul-Haq had given this power to the President through an ordinance.
The amendments introduced in the Election Act state that:
• Section 57 (1): The Commission shall announce the date or dates of general elections by notification in the Official Gazette and shall call upon the constituencies to elect their representatives.
• Section 58: Subject to anything contained in section 57, the Commission may at any time after the issue of notification under sub-section (1) of this section make such changes in the election program announced in such notification for the various stages of the election. may make or issue or for the purposes of this Act a new election program which must be recorded in writing with the latest date(s) of polling.
The Section 232 of the National Assembly to Elections Act, 2017 ( Qualification and Disqualification) amendment was also passed. After this amendment, the penalty of disqualification shall not exceed 5 years and the person concerned shall be eligible to become a member of the National or Provincial Assembly.
It was said in this regard that notwithstanding anything contained in any other provision of this Act, any other law for the time being in force and any decision, order or decree of any court including the Supreme Court and the High Court, the provision of Article 62 of the Constitution. The period of disqualification or continuance as a member of Parliament or Provincial Assembly of a person elected under paragraph (f) of (1) shall not exceed five years and such declaration shall be subject to due process of law.
The amendment added that the procedure, manner and period of disqualification and qualification should be the same as specifically provided in the relevant provisions of Articles 63 and 64 of the Constitution. Further, wherever no method or period is provided in the law in this regard, the provisions of this Act shall apply.